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Prison Gerrymandering: The Practice of Counting Inmates as Residents for Political Representation and the State Action Needed to End It
Katie DeutschComments EditorKatie is a 3L at the University of Kansas School of Law. She earned her undergraduate degrees in Economics and Political Science from Wichita State University. Katie is interested in civil litigation, particularly surrounding employment law. Outside of law school,…
The Criminal Restitution Statutes: Severing the Problematic Portions to Protect the Right to a Jury
Sarah Schmitz, Staff EditorState v. Arnette, No. 112,572, (Kan. Oct. 15, 2021) [pdf].Issue: Under Kan. Stat. Ann. § 21-6604(b)(2) and Kan. Stat. Ann. § 22-3424(d)(1), criminal restitution shall be collected and enforced as a civil judgment pursuant to Kan. Stat. Ann. §§ 60-4301–4304.1 Do these…
Cumulative Error Analysis: Why Courts Need to Consider the Benefit Received by Opposing Party when Prejudicial Information is Presented
Stephany Rohleder, Staff EditorState v. Taylor, No. 118,792, (Kan. Oct. 8, 2021) [pdf].Issue: The Kansas Court of Appeals found five errors when Taylor appealed his criminal conviction. Four errors were not reversible either collectively or individually. Was the Kansas Court of…
Just a Start: Executive Pardons and COVID-19 in Kansas
Dahnika ShortComments EditorDahnika is a 3L at the University of Kansas School of Law. She earned her undergraduate degrees in life sciences and women’s studies from Kansas State and in nursing from the University of Kansas. Outside of law school, Dahnika enjoys all things…
DNA Testing: Important Enough for Extended Jurisdiction and Too Important to Wait for Final Sentencing
Author: Kat Girod, Staff EditorState v. Thurber, No. 122,739, (Kan. Aug. 13, 2021) [pdf].Issue:Does Kan. Stat. Ann. § 21-2512 extend a district court’s jurisdiction to consider a petition for DNA testing after the case has been appealed and before final sentencing? Answer:Yes, Kan. Stat. Ann…
Absconding and Probation Revocation: Intent Requirements
Author: Dahnika Short, Comments Editor State v. Dooley, No. 120,863 (Kan. July 23, 2021) Issue: Did Dooley possess the requisite intent under K.S.A. 2013 Supp. 22-3716 to warrant revocation of probation rather than the imposition of intermediate sanctions…
Statutory Differences Not Mere Semantics in Jury Instructions
Author: Lexi Christopher, Staff EditorState v. Jones, No. 119,764, (Kan. August 6, 2021)Issue: Jones was convicted of four counts of sexual exploitation of a minor under Kan. Stat. Ann. § 21-5510. Were the jury instructions clearly erroneous when they used different language than the charging…
State v. Albano: Revisiting the Right to Have a Jury Consider Sentence-Enhancing Prior Convictions
Author: Dahnika Short, Staff Editor State v. Albano, No. 120,767 (Kan. May 28, 2021) [pdf]Issue: Does Section 5 of the Kansas Constitution Bill of Rights guarantee the right to have a jury determine the existence of sentence-enhancing prior convictions under the Kansas…
House Bill No. 2071 -- Expanding Protection for Minors against Stalking
Author: Betsy Donahue, Staff EditorHouse Bill No. 2071 amends Kan. Stat. Ann. § 21-5427 to include additional protections for individuals under fourteen years old in Section 1(a)(4). Stalking now includes an individual’s intentional behavior toward a child under fourteen that would cause a…
An Officer’s Bullet Constitutes a Seizure in Torres v. Madrid
Author: Rachel Zierden, Staff Editor In the recent case Torres v. Madrid, the U.S. Supreme Court once again updated its Fourth Amendment jurisprudence. Led by Chief Justice Roberts, the Court determined that physical force with the intent to restrain the person is a seizure under the…